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To my understanding the new government changed laws so that when a fixed term tenancy comes to an end, it automatically is converted to a month-to-month tenancy. There is no longer the option to have a tenant move out at the end of the fixed term. It's very difficult for a landlord to end a month-to-month tenancy

From Two Month Notice to End Tenancy

When a landlord ends a tenancy for landlord’s use of property, the landlord must give the tenant the equivalent of one month’s rent on or before the effective date of the landlord's notice. This is true even if the tenant pays rent for the last month.

Is my understanding correct? A landlord can only end a tenancy because he wants the place back and would still have to give a free month (aside from eviction for cause)?

  • A landlord intending to move into the property at the end of the fixed term would have to give the two month notice two months before the end of the fixed term. – Ross Ridge Jun 5 at 20:32
  • @RossRidge that's my question, must a tenant always get a free months rent? That seems silly to me. – TwoTwins Jun 5 at 21:29
  • That appears to be the law. When entering into an agreement with a new tenant you'd want to take that into account when deciding how much to charge for rent. – Ross Ridge Jun 5 at 22:04
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In BC residential tenancy is there no longer a fixed term lease where tenant must vacate at end?

Yes. A carefully drafted lease may preempt the automatic conversion from fixed-term to month-to-month tenancy that is provided in section 44(3) of the Residential Tenancy Act. The landlord needs to ensure that the terms of the lease "require the tenant to vacate the rental unit on [the] date [specified as the end of the fixed term tenancy agreement]", Id. Accordingly, the notion that "[t]here is no longer the option to have a tenant move out at the end of the fixed term" is mistaken.

Even where statutory conversion already has occurred, it is still possible for the tenant to avert the duty to compensate the tenant if "landlord and tenant agree in writing to end the tenancy" (section 44(1)(c)), which is an alternative to terminations premised on landlord's use of property (section 44(1)(a)(v)). Note that section 51(1) reflects that tenant's compensation is premised only on section 49 [landlord's use of property], not on other scenarios such as 44(1)(c).

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